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STEPHENS v. McBRIDE

No. 81-1406.

105 Ill. App.3d 880 (1982)

435 N.E.2d 162

MACK C. STEPHENS, Plaintiff and Counterdefendant, v. THOMAS McBRIDE, Defendant and Counterplaintiff and Third-Party Plaintiff-Appellant. — (THE CITY OF MAYWOOD, Third-Party Defendant-Appellee.)

Appellate Court of Illinois — First District (1st Division).

Opinion filed April 12, 1982.

Attorney(s) appearing for the Case

Clausen, Miller, Gorman, Caffrey & Witous, P.C., of Chicago (James T. Ferrini, of counsel), for appellant.

Ancel, Glink, Diamond, Murphy & Cope, P.C., of Chicago (John B. Murphy, of counsel), for appellee.

Reversed and remanded.

JUSTICE O'CONNOR delivered the opinion of the court:

This is a third-party action for contribution. Thomas McBride, the defendant in a personal injury and property damage suit based on negligence brought against him by Mack C. Stephens, filed a third-party complaint for contribution against the City of Maywood. The latter moved successfully for summary judgment on the ground that no notice had been served on it within one year of the...

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